DuPage County Child Support Attorneys
Skilled Lawyers for Child Support in Wheaton, South Elgin, Elmhurst, and Surrounding Areas
For divorcing couples, child support is often a central issue. Both parents are responsible for supporting the children, and the support arrangement should reflect the best interests of the child. Couples can often reach an amicable agreement outside of court. However, in circumstances when one party is being uncooperative, litigation may be necessary. In either case, to make sure your interests are protected, it is important to be represented by a family law attorney with strong negotiation skills and extensive litigation experience.
At Mevorah & Giglio Law Offices, our child support attorneys have been serving clients in Chicago and the western suburbs for over 40 years. We understand the need to ensure your children are taken care of, and we are honest, approachable, and aggressive advocates for your interests. Our attorneys put our vast experience to work to provide a comprehensive solution tailored to meet the specific needs of our clients.
Changes in Illinois Child Support Laws
In 2017, a new law took effect in the state of Illinois that made some substantial alterations to how child support is determined. Previously, the courts calculated the amount of child support a non-custodial parent owed using a percentage of that parent’s income based on the number of children involved. For example, the law used to mandate that if a non-custodial parent had one child, then the percentage of their income owed to child support would be 20%.
Under the current laws, this percentage model is no longer used. Instead, an income sharing model is employed, and child support is based on the combined net income earned by the parents and the number of children the parents share. In some cases, each parent's amount of parenting time may also affect child support calculations. The new law is aimed at better addressing the needs of the child rather than using a static indicator to determine what the non-custodial parent should contribute to the best interest of the child.
The court will weigh several factors that the Illinois Department of Healthcare and Family Services have determined are in the best interest of the child. These factors include but are not limited to:
- The financial needs of the custodial parent;
- The financial needs of the children;
- The financial needs of the non-custodial parent;
- The established standard of living of the children;
- Any physical and emotional special needs of the children; and
- The educational needs of the children; including college expenses.
How Parents' Child Support Obligations Are Determined
Under the current laws, child support obligations are shared by both parents. These obligations are based on how much money would be devoted to the care of the children if the household were not separating. A basic support obligation is determined according to the parents' combined monthly net income and the number of children being supported. The court will then divide that amount between the parents based on the proportion of each parent’s net income to the parents' combined income.
Typically, the parent who has a minority of the parenting time (known as the non-custodial parent) will make their child support payments to the other parent, while the other parent (known as the custodial parent) is presumed to use their own portion of the obligation as part of their regular household expenditures. If children spend at least 40% of their time with each parent (that is, if they stay overnight with each parent for 146 or more nights every year), further calculations will be necessary to divide the basic child support obligation based on each parent's percentage of parenting time.
Reaching a reasonable child support arrangement requires experienced legal counsel with the ability to present a strong case and effectively negotiate with the other side. The attorneys at Mevorah & Giglio Law Offices have an established track record of success in these areas. We also offer extended evening and weekend hours for your convenience. Contact us today at 630-932-9100630-932-9100 for a free consultation.